Madras High Court: The Division Bench comprising of G. Ramesh, ACJ. and S.S. Sundar, J., addressed a PIL which focussed on recommending the President of India to invoke Article 356 (1) (a) of the Constitution in the State of Tamil Nadu to impose “emergency”.

The affidavit filed in support of the present writ petition stated about the pollution of ground water on account of Sterlite industry in Thoothukudi and violence, recovery of monies from the State Ministers, non-filing of charge sheet for more than 15 months by the Election Commission of India, gross violations in hoisting digital and flex banners, further, crimes against children and many police officials being held guilty on the basis of several accusations against them.

The High Court observed that the instances placed upon were based on mere newspaper reports and no serious incidents have been placed in order for imposing emergency. Further, the Court while stating that “One person may feel that there is law and order problem and for some other, it is not so, depending upon one’s perception”, held that the present writ petition was filed only for the purpose of publicity and hence it stood to be dismissed. [K.R. Ramaswamy v. Secretary, the President of India,2018 SCC OnLine Mad 2551, Order dated 07-08-2018]

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